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(영문) 서울중앙지방법원 2019.09.20 2019고단4767
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On January 25, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Jeju District Court on April 17, 2013, and was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Daegu District Court and its branch court on April 17, 2013. On May 13, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Central District Court on November 9, 2017 and completed the execution of the final sentence in the Southern Prison on May 13, 2019.

【Criminal Facts】

At around 22:20 on July 12, 2019, the Defendant came to have a cash of 2.8 million won in the possession of the victim, which was placed on the table table, due to the victim D's intrusion into the guest room through an open entrance opened by the victim D, at around 22:20 on July 12, 2019.

Accordingly, the Defendant was sentenced to imprisonment more than three times due to larceny, etc., and infringed on the room possessed by the victim at night during the period of repeated crime, and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police officer;

1. A report on the occurrence of an accident and a report on internal investigation (a vehicle using a suspect and specific suspect);

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (Attachment to the demand of a suspect), investigation reports (Attachment to a judgment) Acts and subordinate statutes;

1. Reasons for sentencing under Article 35 of the Criminal Act among repeated offenders on January 1, 201, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act;

1. Scope of punishment by law: Two to forty years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of a sentence] is the thief [Class 1] joint habitual and repeated theft [no person] under the Specific Crimes Aggravated Punishment Act [the scope of recommending area and recommendation] basic area, imprisonment with labor from one year and six months to three years.

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